Google's Nexus 7 discovered to have Smart Cover-like magnetic sensor
engadget.com
engadget.com
So I'm not sure what patent is being violated at all and indeed who's.
Magnetic sensors in Android devices for the purposes of changing functionality are nothing new, my old Motorola Droid (which predates the Apple patent filing by years) had one that it used to determine car docking state.
This is a magnetic sensor so Apple can do nothing. Maybe functionality is not enabled and this is why it is not mentioned. There were a few NFC phones that initialy in the earlier days did not mention they had NFC built in as the software was not ready to utilise it. Indeed there are probably many features in phones chipsets that don't get used, but are mearly a software update away. All technology has to some extent undocumented features - undocumented CPU instructions being a classic one of its time. maybe a better example is how some USB TV tuners can act as hardware for software radio's.